The Supreme Court has granted bail to a man who had spent nearly 16 months in custody, setting aside a Rajasthan High Court order that had earlier refused to grant bail and suspend his sentence.
The case relates to a gang led by Appellant that duped a businessman of ₹70 lakh, promising to return ₹1.40 crore after performing rituals. During the ceremony, the accused and his associates staged a fake police raid, seized the cash, and fled. When the family protested, they were assaulted by accused and villagers. A subsequent FIR led to the identification of the accused.
Based on witness testimonies and evidences, the Trial Court convicted him for cheating and robbery, sentencing him to seven years’ imprisonment.
Later, the Rajasthan High Court had dismissed the application for suspension of sentence and bail. Aggrieved by the impugned order, Appellant approached the Supreme Court.
A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh, while hearing the appeal, observed that considering the nature of the offence, and the duration of incarceration, the appellant had made out a case for relief.
The Court directed that the sentence imposed by the Trial Court be suspended and that the appellant be released on bail on terms which may be fixed by the Trial Court. The bail will remain in force while his appeal is pending before the Rajasthan High Court, which is directed to be disposed expeditiously.
The Court directed that the appellant shall not misuse the liberty granted. The High Court was also empowered to cancel bail, if the conditions are violated.
Appearances
Appellant- Mr. Namit Saxena, AOR
Respondents- Ms. Nidhi Jaswal, AOR
